TAB & TCEQ/EPA Reach Agreement
The Texas Association of Builders (TAB), Environmental Protection Agency, (EPA), and Texas Commission on Environmental Quality (TCEQ) reached an agreement on July 31, 2008 to work together for the purpose of educating homebuilders on the requirements of the federal and state storm water protection requirements.
In the past, it was apparent that many builders misunderstood the EPA and TCEQ requirements, were not properly following such requirements, or simply failed to abide by them. As a result, TAB, the EPA, and the TCEQ assembled a cooperative training initiative known as the “2005 Texas Storm Water Compliance Training.” Due to the success of the 2005 training initiative and because of the need for additional storm water compliance education, a second training program was developed in 2007 known as “Storm Water SWPPP It or Sweat It.” Almost 1,500 Texas builders received storm water compliance training through this partnership.
As a result of further discussions amongst TAB, EPA, and TCEQ and after consulting with builders, another program was implemented to ensure storm water compliance. Beginning in the fall of 2008, each builder member of TAB may complete training and a self-assessment checklist for each of their Notices of Intent (NOI). For each fully completed checklist, the builder will receive one “Storm Water Self-Certified” sticker to place on the corresponding construction permits. Sites that display the certification sticker would be a lower prior for routine inspections. The effect of this agreement is the EPA/TCEQ may overlook minor violations but reserves the right to issue citations for what they deem not be a low priority matter.
The storm water self-assessment checklist will be posted on the password-protected section of the TAB Web site in October. A TAB builder member may download the checklist, complete one for each NOI and send it to TAB. Once the checklist is evaluated by TAB and appears to be complete, TAB will send one sticker per checklist to the builder. The sticker then will be placed at the project site. This is a controlled pilot program and will be open to TAB members only. In the meantime, you may go to www.epa.gov/region6/water/npdes/sw/index.htm or www.texasbuilders.org for more information.
Stephen L. Polozola is an attorney with Decker, Jones, McMackin, McClane, Hall & Bates P.C. in Fort Worth and focuses on residential construction. The commentary implies no specific legal advice. Contact Polozola at 817-336-2400 or spolozola@deckerjones.com